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The Content Creator's
Guide to Digital Copyright
And Fair Use Doctrine
Adam Ray
The Copyright Act, section 107-118
states reasons for which the reproduction of copyrighted
material may be used fairly:
C...
Four Factors of Fair Use:
1. The purpose and character of the use including whether
such use is of commercial nature or is...
Four Factors of Fair Use:
1. The purpose and character of the use including whether
such use is of commercial nature or is...
Four Factors of Fair Use:
1. The purpose and character of the use including whether
such use is of commercial nature or is...
Four Factors of Fair Use:
1. The purpose and character of the use including whether
such use is of commercial nature or is...
Tranformation is the Key
Transformation has been at the heart of most copyright
cases in the last 20 years, and hinges on ...
Tranformation is the Key
Transformation has been at the heart of most copyright
cases in the last 20 years, and hinges on ...
Tranformation is the Key
Transformation has been at the heart of most copyright
cases in the last 20 years, and hinges on ...
If your use is doing the same thing as the original was
doing, you may not have Fair Use.
Ask yourself before your begin a...
Court Case examples:
Went up to the United States Court of Appeals Second
Circuit who ruled that the Naked Gun ad was in F...
Copyright Myths
1. If you credit the author with a link, then there is no
copyright infringement.
FALSE: The act of obtain...
Best Practices:
1. Use Public Domain material.
Best Practices:
1. Use Public Domain material.
Works created on or after Jan 1, 1978 - Life of author +70years
Works creat...
Best Practices:
1. Use Public Domain material.
2. Obtain permission from author/creator.
Works created on or after Jan 1, ...
Best Practices:
1. Use Public Domain material.
2. Obtain permission from author/creator.
3. Exercise Fair Use, clearly ide...
QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
Y...
QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
Y...
QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
Y...
QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
Y...
QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
Y...
QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
Y...
QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
Y...
QUIZ: Is This Fair Use?
http://youtu.be/u1kqqMXWEFs
Sources: (although I don't legally
need to do this for this presentation)
Julie Ahrens - Stanford Center for Internet and ...
Tranformation is the Key
Does your use of the copyright material convey:
New Expression?
New Meaning?
Or does it supersede...
The Content Creator's
Guide to Digital Copyright
And Fair Use Doctrine
Adam Ray
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The content creator's guide to digital copyright and fair use doctrine

A guide to copyright law and fair use doctrine for content marketers to utilize.

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The content creator's guide to digital copyright and fair use doctrine

  1. 1. The Content Creator's Guide to Digital Copyright And Fair Use Doctrine Adam Ray
  2. 2. The Copyright Act, section 107-118 states reasons for which the reproduction of copyrighted material may be used fairly: Criticism Comment News Reporting Teaching Research Scholarship
  3. 3. Four Factors of Fair Use: 1. The purpose and character of the use including whether such use is of commercial nature or is for non-profit educational purposes
  4. 4. Four Factors of Fair Use: 1. The purpose and character of the use including whether such use is of commercial nature or is for non-profit educational purposes 2. The nature of the copyrighted work (TRANSFORMATION)
  5. 5. Four Factors of Fair Use: 1. The purpose and character of the use including whether such use is of commercial nature or is for non-profit educational purposes 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 2. The nature of the copyrighted work (TRANSFORMATION)
  6. 6. Four Factors of Fair Use: 1. The purpose and character of the use including whether such use is of commercial nature or is for non-profit educational purposes 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 2. The nature of the copyrighted work (TRANSFORMATION) 4. The effect of the use upon the potential market for, or value of, the copyrighted work
  7. 7. Tranformation is the Key Transformation has been at the heart of most copyright cases in the last 20 years, and hinges on these factors:
  8. 8. Tranformation is the Key Transformation has been at the heart of most copyright cases in the last 20 years, and hinges on these factors: Does your use of the copyright material convey: New Expression? New Meaning? New Message?
  9. 9. Tranformation is the Key Transformation has been at the heart of most copyright cases in the last 20 years, and hinges on these factors: Does your use of the copyright material convey: New Expression? New Meaning? New Message? Or does it supersede or supplant the object of the original creation?
  10. 10. If your use is doing the same thing as the original was doing, you may not have Fair Use. Ask yourself before your begin a project: Do I have a transformative process , and can I articulate it?
  11. 11. Court Case examples: Went up to the United States Court of Appeals Second Circuit who ruled that the Naked Gun ad was in Fair Use Leibovitz v. Paramount Pictures Corp, 1998
  12. 12. Copyright Myths 1. If you credit the author with a link, then there is no copyright infringement. FALSE: The act of obtaining permission has no effect on the legitimacy of fair use. 2. If content does not have proof of copyright, it's not copyright protected. FALSE: In 1978 the law changed and abolished the need for a copyright symbol. From then on, every published work on paper or digital media is automatically copyright protected.
  13. 13. Best Practices: 1. Use Public Domain material.
  14. 14. Best Practices: 1. Use Public Domain material. Works created on or after Jan 1, 1978 - Life of author +70years Works created before - 95 years after publication Works created before 1923 - Public Domain
  15. 15. Best Practices: 1. Use Public Domain material. 2. Obtain permission from author/creator. Works created on or after Jan 1, 1978 - Life of author +70years Works created before - 95 years after publication Works created before 1923 - Public Domain
  16. 16. Best Practices: 1. Use Public Domain material. 2. Obtain permission from author/creator. 3. Exercise Fair Use, clearly identifying your purpose Works created on or after Jan 1, 1978 - Life of author +70years Works created before - 95 years after publication Works created before 1923 - Public Domain
  17. 17. QUIZ: Is This Fair Use? Q: A biology student obtains a photo of a dessert toad from Google images for her science essay.
  18. 18. QUIZ: Is This Fair Use? Q: A biology student obtains a photo of a dessert toad from Google images for her science essay. YES!
  19. 19. QUIZ: Is This Fair Use? Q: A biology student obtains a photo of a dessert toad from Google images for her science essay. YES! Q: The science teacher scans several chapters of the textbook so that students won't have to buy it.
  20. 20. QUIZ: Is This Fair Use? Q: A biology student obtains a photo of a dessert toad from Google images for her science essay. YES! Q: The science teacher scans several chapters of the textbook so that students won't have to buy it. NO!
  21. 21. QUIZ: Is This Fair Use? Q: A biology student obtains a photo of a dessert toad from Google images for her science essay. YES! Q: The science teacher scans several chapters of the book so that students won't have to buy it. NO! Q: I include a McDonald's logo in my blog entitled, "The History of Branding"
  22. 22. QUIZ: Is This Fair Use? Q: A biology student obtains a photo of a dessert toad from Google images for her science essay. YES! Q: The science teacher scans several chapters of the book so that students won't have to buy it. NO! Q: I include a McDonald's logo in my blog entitled, "The History of Branding" YES!
  23. 23. QUIZ: Is This Fair Use? Q: A biology student obtains a photo of a dessert toad from Google images for her science essay. YES! Q: The science teacher scans several chapters of the book so that students won't have to buy it. NO! Q: I include a McDonald's logo in my blog entitled, "The History of Branding" YES! Q: I create a website containing a company's name such as "www.MicrosoftSucks.com
  24. 24. QUIZ: Is This Fair Use? Q: A biology student obtains a photo of a dessert toad from Google images for her science essay. YES! Q: The science teacher scans several chapters of the book so that students won't have to buy it. NO! Q: I include a McDonald's logo in my blog entitled, "The History of Branding" YES! Q: I create a website containing a company's name such as "www.MicrosoftSucks.com YES!
  25. 25. QUIZ: Is This Fair Use? http://youtu.be/u1kqqMXWEFs
  26. 26. Sources: (although I don't legally need to do this for this presentation) Julie Ahrens - Stanford Center for Internet and Society Copyright and Fair Use Issues in the Visual Motion Arts. United State Copyright Office www.copyright.gov
  27. 27. Tranformation is the Key Does your use of the copyright material convey: New Expression? New Meaning? Or does it supersede or supplant the object of the original creation? New Message?
  28. 28. The Content Creator's Guide to Digital Copyright And Fair Use Doctrine Adam Ray

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